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Courtenay Coye LLP | Belize, United Kingdom | 25 Mar 2021

Video link as a means of access to justice

Traditionally, in order for persons involved in litigation in the Supreme Court to participate in such proceedings – whether as a claimant, a defendant or even a witness – they had to be present in the court. At times, this strict requirement of personal presence served as a barrier to the ultimate goal of resolving disputes through litigation where persons involved therein were unable to......
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Courtenay Coye LLP | Belize | 5 Mar 2020

International arbitration: outlook

Foreign arbitration is seen as an alternative method of dispute resolution that may be preferred to litigation. However, Belize case law has identified the difficulties that might be encountered by an award holder in attempting to enforce an award. It is also arguable that the option of foreign arbitration has been undermined by the passing of the Crown Proceedings (Amendment) Act and the......
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Courtenay Coye LLP | Belize | 20 Feb 2020

International arbitration: key legislative developments

Arbitration in Belize is governed by the Arbitration Act. As the act was last amended in 1980, it has become somewhat outdated. However, these amendments assisted in Belize's assimilation of a modern arbitration enforcement regime by incorporating the Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958 into domestic law. In 2017 legislation was enacted that has......
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Courtenay Coye LLP | Belize | 17 Jul 2015

The importance of legal advice for timeshare rights

The Supreme Court recently highlighted the need to comply strictly with essential legal requirements when investing in property abroad. It found that US citizens who had purchased timeshare interests in a residential resort could not exercise their purported rights in priority of a bank's mortgage interest on the property because they had not registered their timeshares or paid the required......
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Courtenay Coye LLP | Belize | 16 Jul 2015

The importance of legal advice for timeshare rights

The Supreme Court recently highlighted the need to comply strictly with essential legal requirements when investing in property abroad. It found that US citizens who had purchased timeshare interests in a residential resort could not exercise their purported rights in priority of a bank's mortgage interest on the property because they had not registered their timeshares or paid the required......
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Courtenay Coye LLP | Belize | 16 Apr 2015

Directors' indemnities foolproof

The Belize Court of Appeal recently confirmed that indemnities given by a Belizean company to its directors deprived the company of a cause of action to pursue a claim against former directors for decisions taken during their term as company directors. Belize continues to recognise blanket indemnities given by a company to directors as legal.
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Courtenay Coye LLP | Belize | 4 Sep 2014

Appeal Court clarifies procedural law on claims against foreign defendants

The Belize Court of Appeal has provided guidance to litigants involved in multi-jurisdictional litigation. The court interpreted the rules applicable to commencing a claim against foreign defendants, and service of a claim form and interim injunction on parties outside the jurisdiction. Under the Civil Procedure Rules there is no need to obtain permission to issue a claim form for service abroad.
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Courtenay Coye LLP | Belize | 22 May 2014

Enforcement of LCIA award refused as contrary to public policy

The Caribbean Court of Justice has addressed the issue of whether New York Convention Awards should be enforced. The case is exceptional and should be confined to its unusual facts. However, it stands as highly persuasive authority for the proposition that violations of the constitutional order by a government when affording tax concessions to investors may afford a defence to enforcement of......
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Courtenay Coye LLP | Belize | 22 May 2014

Enforcement of LCIA award refused as contrary to public policy

The Caribbean Court of Justice has addressed the issue of whether New York Convention Awards should be enforced. The case is exceptional and should be confined to its unusual facts. However, it stands as highly persuasive authority for the proposition that violations of the constitutional order by a government when affording tax concessions to investors may afford a defence to enforcement of......
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Courtenay Coye LLP | Belize | 8 Aug 2013

Caribbean Court of Justice rules government must arbitrate under treaty

The Caribbean Court of Justice has delivered a landmark decision which narrows the circumstances in which a government may resort to its domestic courts to restrain international arbitration proceedings. The decision is an important victory for international investors in the Commonwealth Caribbean, since many bilateral investment treaties include clauses for resolution of disputes by......
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